Praise be to Allaah.
Firstly:
Zina (fornication,
adultery) is a serious crime and a major sin which takes away the quality of
faith from a person, and exposes him to punishment and humiliation unless he
repents. Allaah says (interpretation of the meaning):
“And come not near to
unlawful sex. Verily, it is a Faahishah (i.e. anything that transgresses its
limits: a great sin, and an evil way that leads one to hell unless Allaah
Forgives him)”
[al-Isra’ 17:32]
and the Prophet (peace
and blessings of Allaah be upon him) said: “No adulterer is a believer at
the time when he is committing adultery” Narrated by al-Bukhaari (2475) and
Muslim (57).
And he (peace and
blessings of Allaah be upon him) said: “If a man commits zina, faith comes
out of him and hovers over him like a cloud, then when he stops, faith
returns to him.” Narrated by Abu Dawood (4960) and al-Tirmidhi (2625);
classed as saheeh by al-Albaani in Saheeh Abi Dawood.
The Prophet (peace and
blessings of Allaah be upon him) has told us of the punishment that those
who commit zina will receive in their graves before the Hour begins, and
that they will be punished with fire. Narrated by al-Bukhaari (1320).
Because of the abhorrent
nature of this crime, Allaah has decreed that the punishment for it should
be stoning to death if the person is married and flogging if he was not
married.
The one who is faced with
any such thing should hasten to repent to Allaah and do a lot of good deeds,
in the hope that Allaah will forgive him. Allaah says (interpretation of the
meaning):
“And those who invoke not any other ilaah (god) along with
Allaah, nor kill such person as Allaah has forbidden, except for just cause,
nor commit illegal sexual intercourse ___ and whoever does this shall
receive the punishment.
69. The torment will be doubled to him on the Day of
Resurrection, and he will abide therein in disgrace;
70. Except those who repent and believe (in Islamic
Monotheism), and do righteous deeds; for those, Allaah will change their
sins into good deeds, and Allaah is Oft‑Forgiving, Most Merciful”
[al-Furqaan 25:68-70]
“And verily, I am indeed forgiving to him who repents,
believes (in My Oneness, and associates none in worship with Me) and does
righteous good deeds, and then remains constant in doing them (till his
death)”
[Ta-Ha 20:82]
They must also conceal
themselves with the concealment of Allaah, and not tell anyone about that,
The Prophet (peace and blessings of Allaah be upon him) said: “Avoid
these filthy things that Allaah has forbidden. Whoever has done any of them,
let him conceal himself with the concealment of Allaah, may He be glorified
and exalted.” Narrated by al-Bayhaqi and classed as saheeh by al-Albaani in
al-Silsilah al-Saheehah, no. 663.
Secondly:
It is not permissible for a
man or woman who has committed zina to get married until after he or she has
repented, because Allaah says (interpretation of the meaning):
“The adulterer —
fornicator marries not but an adulteress — fornicatress or a Mushrikah; and
the adulteress –fornicatress, none marries her except an adulterer —
fornicater or a Mushrik [and that means that the man who agrees to marry
(have a sexual relation with) a Mushrikah (female polytheist, pagan or
idolatress) or a prostitute, then surely, he is either an adulterer —
fornicator, or a Mushrik (polytheist, pagan or idolater). And the woman who
agrees to marry (have a sexual relation with) a Mushrik (polytheist, pagan
or idolater) or an adulterer — fornicator, then she is either a prostitute
or a Mushrikah (female polytheist, pagan, or idolatress)]. Such a thing is
forbidden to the believers (of Islamic Monotheism)”
[al-Noor 24:3]
If they had both repented
to Allaah before getting married, and they regretted the haraam things that
they had done, then their marriage is valid. But if they did the marriage
contract before they repented, then the marriage is not valid and they have
to repent to Allaah and regret what they have done, and resolve not to do
such a thing again, then they should make a new marriage contract. This has
been discussed in the answer to question no.
85335.
And Allaah knows best.